The State executive broadly mirrors the Union structure: President โ Governor, Prime Minister โ Chief Minister, Attorney General โ Advocate General, and Parliament โ State Legislature. The +89 mnemonic helps recall several corresponding Article numbers.
A Governor holds office during the pleasure of the President; the five-year term is not guaranteed and removal may occur earlier. A Chief Minister formally holds office during the pleasure of the Governor.
| Article | Subject |
|---|---|
| 153 | Governors of States |
| 154 | Executive Power of States |
| 155 | Appointment of Governor (by President) |
| 157 | Qualifications of Governor |
| 160 | Duties in contingency |
| 161 | Pardoning Power of Governor |
| 162 | Extent of Executive Power of State |
| 163 | Council of Ministers to aid & advise Governor |
| 164(1) | CM appointed by Governor |
| 165 | Advocate General of State |
| 166 | Nominal Executive โ Governor |
| 213 | Ordinance-making power of Governor |
| 233 | Judges of Subordinate Courts (Governor appoints) |
The Seventh Constitutional Amendment of 1956 permits one person to serve as Governor of more than one State. In such cases, the President determines the allocation of salary and allowances.
The Governor's oath is ordinarily administered by the Chief Justice of the High Court, while the President's oath is administered by the Chief Justice of India.
Under Article 161, a Governor may suspend, remit or commute a death sentence but cannot pardon it; the President may grant a pardon under Article 72.
The Chief Minister is the State-level counterpart of the Prime Minister. Under the parallel constitutional structure, the Prime Minister informs the President under Article 78, while the Chief Minister informs the Governor under Article 167.
The Governor administers the oath to the Chief Minister, not the Chief Justice of India or the High Court Chief Justice. A Chief Minister may be an MLA or MLC; a non-member must enter the State Legislature within six months.
Ministers can participate in committee discussions but do NOT have voting rights in Parliamentary committees โ same as Centre.
| Category | Rule | Amendment |
|---|---|---|
| Maximum Strength | 15% of total Members of Legislative Assembly | 91st Amendment |
| Minimum Strength | Not less than 12 Ministers | 91st Amendment |
| Delhi (Special) | Max 10% of Assembly or 7 (whichever is less) | 69th Amendment |
The 91st Amendment limits a State Council of Ministers to 15% of the Assembly's strength, subject to a minimum of 12 ministers. Delhi has a special ceiling of 10% of its Assembly strength under its constitutional arrangement.
Under Article 165, an Advocate General must be qualified for appointment as a High Court judge. Under Article 76, the Attorney General must be qualified for appointment as a Supreme Court judge.
The Attorney General under Article 76 and the Advocate General under Article 165 may participate in the proceedings of Parliament and the State Legislature respectively, but neither has a vote merely by virtue of that office.
| Feature | ๐ต Centre | ๐ข State |
|---|---|---|
| Constitutional Head | President | Governor |
| Real Executive | Prime Minister | Chief Minister |
| Chief Legal Officer | Attorney General (Art. 76) | Advocate General (Art. 165) |
| Qualification (Legal Officer) | Judge of SC | Judge of HC |
| Min. Age (Head) | 35 yrs (President) | 35 yrs (Governor) |
| Min. Age (Executive) | 25 yrs (PM โ LS) | 25 yrs (CM โ MLA) |
| Oath Administered by | CJI | CJ of High Court |
| Resignation to | VP (President) / President (PM) | President (Gov.) / Governor (CM) |
| Salary | โน5 Lakh (President) | โน3.5 Lakh (Governor) |
| Salary Source | CF of India | CF of State |
| Pardoning Power | Art. 72 (incl. Death Penalty) | Art. 161 (NO Death Penalty) |
| Ordinance Power | Art. 123 | Art. 213 |
| Max Ministers | 15% of LS (91st Amend.) | 15% of Assembly (91st Amend.) |
| Min. Ministers | Not specified | 12 (91st Amendment) |
| Legislature | Art. 79 (Parliament) | Art. 168 (State Legislature) |
Key distinctions: the High Court Chief Justice ordinarily administers the Governor's oath; a Governor cannot pardon a death sentence; the Governor's emoluments are charged on the Consolidated Fund of the State; and an Advocate General must be qualified as a High Court judge.
Current-affairs note in the source: Arif Mohammad Khan is listed as Governor of Bihar and Nitish Kumar as Chief Minister. Verify officeholders against the latest official information before an examination.